On Friday, August 25, 2023, the National Labor Relations Board announced an important decision addressing how the Board will consider union recognition cases moving forward. The prior decision, known as the Joy Silk standard, required employers to bargain with the union, unless there was a good-faith doubt of the union’s majority standard. The new decision is based on the Cemex Construction Materials Pacific, LLC case. It signifies that an employer who doesn’t voluntarily recognize union majority status and who files a petition to seek an election but commits an unfair labor practice will now be ordered by the Board to recognize and bargain with the union. In the Cemex case, the Board found 20 instances of “objectionable or unlawful misconduct” between the filing of the election petition and the election.

This is incredibly important because previously such a charge would only lead to a re-running of the election. This decision may also be considered by other state/public sector boards who often look to the National Labor Relations Board to determine how to proceed on labor issues in the private sector that may not be addressed in their own state acts. If your employees have a campaign underway with the union, you will want to ensure you have experts guiding you in the process to ensure you don’t do something that violates the law when it comes to union organizing. Contact Southwestern HR Consulting (SWHRC) today and we can provide you with guidance from our team of experts.

Written by | Magdalena Vigil-Tullar

HR Consultant | MBA, SPHR, SHRM-SCP, CLRP

Phone: 505-270-7494 | Email: magdalena@swhrc.com

PO Box 14274 | Albuquerque, NM 87191